Legal Question in Real Estate Law in Georgia

Money Owed

Back in December as a favor to our friends we bought a house with the intention of renting to them. We have a signed lease. In Feb and March they were unable to pay rent so as a favor we loaned them rental money for the 2 months along with an extra $1,000 to help get them back on theri feet. We filled out a promissory note stating that this money was due upon them leaving the premises. This month (September) they did not pay rent. We decided to evict as they said they had no funds. We wrote them the letter to eveict but before we went to a formal eveiction they packed up and left. We have heard they drove back to NY and are currently looking for a place to live. How do we go about reclaiming our money? Small Claims? Attorney? Do we need to do it in Georgia, N.Y.? The total they owe is $6200. If it is small claims can i just drop addition and sue for $5,000. Again there is a promissory note signed for $4500 of the money owed. Please advise.


Asked on 9/20/07, 7:40 am

2 Answers from Attorneys
Robert Thompson J. Robert Thompson Attorney

Re: Money Owed

Small claims (Magistrate's Court) jurisdiction is $15,000, so you can claim the entire amount there. You have jurisdiction to sue in GA, but you may have difficulty in serving process, since they have absconded. You will have to ask the judge to allow service by publication.

The situation is complicated enough to warrant turning it over to an attorney.

Read more
Answered on 9/20/07, 11:05 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Money Owed

Small claims court may be the way to go. It has jurisdiction up to $15,000. You can try to get jurisdiction over them in the county of your residence under the Long-Arm Stature, but it will be difficult. If you would like to discuss this, feel free to call.

Read more
Answered on 9/20/07, 4:12 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia